The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Prosecutor 1) Fact-misunderstanding (the part not guilty in the judgment of the court below) that the Defendant, while having sexual intercourse with the victim G, did not know at all the fact that the Defendant was taking the victim’s cell phone while having sexual intercourse with the victim G, and the victim could not know that he was taking the victim’s cell phone; the victim was able to know his face and reported his cell phone even when the victim returned to the future; thus, there was a high possibility that the Defendant could not recognize the above photographing; and the victim allowed the Defendant to take the image of his sexual intercourse with him.

The judgment of the court below which acquitted the Defendant of this part of the facts charged, in full view of the fact that the Defendant did not permit this part of the charges, and the victim did not seem to have made any falsity, is erroneous in the misapprehension of the facts.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, confiscation, and 40 hours of lectures to treat sexual assault) is deemed to be too uneasible and unfair.

B. The lower court’s sentence is too unreasonable as the Defendant (unfair sentencing)’s punishment is too unreasonable.

2. Determination

A. As to the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by the Defendant, the lower court, based on its stated reasoning, cannot completely ruled out the possibility that the victim G had impliedly consented to the Defendant’s sexual intercourse photographing. The evidence submitted by the prosecutor alone alone proves that there is no reasonable doubt as to the Defendant’s photographing against the victim’s will.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.

The circumstances in the court below's reasoning and the court below's judgment, which are duly adopted and examined, are the victim G in the above-mentioned case.